TROY — Two Democrats on trial charged with ballot fraud were either active players in a con game with voters or victims of other politicians' ambitions to win a 2009 minor party primary, according to opening statements Tuesday in the Rensselaer County Court trial.

At issue is the paperwork involved in obtaining and casting 50 absentee ballots in the Working Families Party primary. Democrats allegedly forged the applications and ballots, which accounted for about 10 percent of the Working Families enrollment in Troy in 2009.

"These votes were illegally taken and voted the right way for the benefit of the candidates," Smith said.

The prosecutor compared the Democratic effort to a confidence game in which its operators flashed big smiles and told Working Families members "We're here to make it easier for you to vote."

McDonough's attorney, Brian Premo, and Michael Feit, the lawyer for LoPorto, depicted their clients as swept unwittingly along by the actions of other Democrats.

McDonough was doing his job at the county Board of Elections, Premo said, and the commissioner was not out forging ballots.

"A group of politicians and their operatives got out on the street. They got greedy. They got stupid. They got caught," Premo said.

There was a push by some Democrats, particularly Council President Clement Campana and Councilman John Brown, to win the Working Families line away from Bob Mirch, who had led successful Republican efforts to keep Democratic candidates from appearing on the Working Families line. Mirch hired a private investigator who uncovered the Democrats' alleged plan, leading to the criminal investigation.

Premo said Brown's and Campana's personal ambitions to win the 2009 election by a large margin and then to run for mayor in 2011 fed the ballot fraud. Brown and Campana are no longer in office. Brown is one of four Democrats to plead guilty in the investigation, while Campana is awaiting trial.

Feit described LoPorto as not being part of the ballot fraud strategy.

"He's not a good old boy," Feit said.

Feit began to separate LoPorto from McDonough, saying the restaurateur was not involved in the planning to rig the primary and never handled any forged ballots with an intent to commit a crime.

McDonough is charged with 38 counts of second-degree forgery and 36 of second-degree criminal possession of a forged instrument.

Smith told the jury that Councilman Kevin McGrath will testify for the prosecution in return for immunity. Smith said that McGrath discussed three absentee ballot applications with McDonough on Aug. 24.

All the attorneys noted the credibility of several prosecution witnesses would be an issue as a result of the plea bargains or cooperation agreements. Political operatives Anthony Renna and Anthony DeFiglio have also pleaded guilty. They are expected to testify about the ballot scheme and the two defendants' alleged roles in the case.